Jawboning and the First Amendment
A research initiative studying governmental efforts to pressure social media platforms to change their content moderation policies and practices
The First Amendment strictly limits the government’s power to regulate speech, but when it comes to jawboning—informal government efforts to persuade, cajole, or strong-arm private platforms to change their content-moderation practices—the law is unclear. Though some of these efforts are perhaps best understood as a legitimate aspect of governance, others are likely illegitimate, and possibly unconstitutional, efforts to censor public discourse. The latter efforts are especially concerning because platforms often have every incentive to bow to pressure from government actors.
The Knight Institute is launching a research initiative on jawboning, engaging scholars and practitioners from varying backgrounds, including legal scholars, social scientists, former technology company representatives, and civil society advocates. Through a series of convenings, blog posts, and essays, this project will consider empirical and theoretical questions about how jawboning works, why it matters as a form of censorship, and what possible regulations and solutions can remedy its harms.
Learn more about the October convening.
Featured
Missouri v. Biden: An Opportunity to Clarify Messy First Amendment Doctrine
On the legality of "jawboning," more clarity is needed.
By Jennifer Jones & Mayze TeitlerDeep Dive
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A Small Step Towards Ending Jawboning and a Big Need for Disclosure
An analysis of the Supreme Court's Murthy v. Missouri decision
By Will Duffield -
Jawboning in 2025
When the new administration starts—led either by President Biden or President Trump—what will the state of jawboning be?
By Matt Perault -
Murthy v. Missouri, Government Jawboning, and Our Collective Disinformation Problem
Bad facts make no law? Not much progress toward solving the First Amendment puzzle that jawboning presents
By Enrique Armijo & Derek Bambauer -
Doctrinal Disarray
Amicus briefs in Murthy v. Missouri and NRA v. Vullo reveal how divided legal commentators are on jawboning questions
By Mayze Teitler -
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In Jawboning Cases, There’s No Getting Away from Contextual Analysis
The onus should be on the government to respect social media users’ First Amendment rights
By David Greene -
Be Careful What You Ask For
Five reflections on the role of the courts and the First Amendment in jawboning
By Derek Bambauer -
Toward a Jawboning Transparency Act
A proposed bill requiring government officials disclose their communications with social media platforms
By Will Duffield -
Jawboning as a Problem of Constitutional Evasion
Or why the "significant encouragement" test is not so bad
By Genevieve Lakier -
Jawboning in the Era of New Governance
The increasing privatization of governance makes jawboning even more complicated.
By Hannah Bloch-Wehba -
The Government’s Unbalanced Speech Rights Schema
The Fifth Circuit reopened the channels of political communication.
By Michael Glennon -
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Curtailing Anti-Democratic Populism is the Only Durable Solution to Jawboning
An exploration of the political tightrope that platforms struggle to walk.
By Dean Jackson -
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The Unambiguous First Amendment Law of Government Jawboning
Missouri v. Biden and the political war over content moderation.
By Enrique Armijo -
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Getting the Facts Straight: Some Observations on the Fifth Circuit Ruling in Missouri v. Biden
In jawboning claims, factual details are crucial. And the Fifth Circuit's narrative is not supported by the facts or the known timeline.
By Yoel Roth -
Missouri v. Biden: An Opportunity to Clarify Messy First Amendment Doctrine
On the legality of "jawboning," more clarity is needed.
By Jennifer Jones & Mayze Teitler -
Persuasion or Coercion? The Fifth Circuit’s Muddled View of Missouri v. Biden
When is it unconstitutional for the government to urge social media companies to take down content?
By Ashutosh Bhagwat -
Institute Update
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Knight Institute Announces Scholars, Litigators, and Tech Policy Experts Who Will Participate in Initiative on Jawboning and the First Amendment
On Friday, October 20, the Knight Institute will host a closed convening at Columbia University to explore the question of jawboning.
By Katy Glenn Bass -
